60 of the parties to respect their obligations to protect civilians. Such a failure demanded a reinvigorated commitment to the principles of international law on the part of the Security Council, Member States and the United Nations. Under-Secretary-General for Humanitarian Affairs Holmes deplored the gap between the rules of international humanitarian law and their application, as well as the gap between the protection mandates of some peacekeeping missions and the subsequent reality. It was crucial to develop operational guidance for that purpose, based on the understanding that protection involved a broad range of activities, from the return of refugees to strengthening the host State’s ability to protect its own population. The Council needed a consistent approach to accountability issues, encouraging States to give top priority to the protection of civilians and calling them to account when they did not, on the basis of the facts rather than political convenience. Deputy High Commissioner for Human Rights Kyung-wha Kang said that the authority of international law and the obligations of the parties to conflict could not be replaced by more amorphous notions of protection, or by less obligatory notions of charitable action. Where conflict entailed abuse of human rights, the international community must act to identify the facts and apply the law. Law without enforcement was of little moment to would-be perpetrators, and the Council should ensure accountability for perpetrators of war crimes, crimes against humanity and other gross violations. Representatives of 56 Member States addressed the ensuing debate. SECURITY COUNCIL ACTION
On 11 November [meeting 6216], the Security Council unanimously adopted resolution 1894(2009). The draft [S/2009/582] was submitted by Austria, Azerbaijan, Belgium, Benin, Burkina Faso, Canada, Costa Rica, Croatia, Cyprus, the Czech Republic, Estonia, Finland, France, Germany, Greece, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Mexico, Moldova, the Netherlands, Norway, Slovakia, Slovenia, Sweden, Switzerland, the United Kingdom, the United Republic of Tanzania and the United States. The Security Council, Reaffirming its commitment to the continuing and full implementation, in a mutually reinforcing manner, of resolutions 1265(1999) of 17 September 1999, 1296(2000) of 19 April 2000, 1325(2000) of 31 October 2000, 1612(2005) of 26 July 2005, 1674(2006) of 28 April 2006, 1738(2006) of 23 December 2006, 1820(2008) of 19 June 2008, 1882(2009) of 4 August 2009, 1888(2009) of
Part One: Political and security questions 30 September 2009 and 1889(2009) of 5 October 2009, and all relevant statements by its President, Reaffirming its commitment also to the purposes of the Charter of the United Nations as set out in Article 1, paragraphs 1 to 4, and to the principles of the Charter as set out in Article 2, paragraphs 1 to 7, including its commitment to the principles of the political independence, sovereign equality and territorial integrity of all States, and respect for the sovereignty of all States, Noting that 2009 marks the tenth anniversary of the progressive consideration by the Security Council of the protection of civilians in armed conflict as a thematic issue, and acknowledging the enduring need for the Council and Member States to strengthen further the protection of civilians in armed conflict, Noting also that 2009 also marks the sixtieth anniversary of the Geneva Conventions of 1949, which, together with the Additional Protocols thereto, constitute the basis for the legal framework for the protection of civilians in armed conflict, Recognizing that States bear the primary responsibility to respect and ensure the human rights of their citizens, as well as all individuals within their territory, as provided for by relevant international law, Reaffirming that parties to armed conflict bear the primary responsibility to take all feasible steps to ensure the protection of civilians, Reaffirming also the relevant provisions of the 2005 World Summit Outcome regarding the protection of civilians in armed conflict, including paragraphs 138 and 139 thereof regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity, Reiterating its deep regret that civilians continue to account for the vast majority of casualties in situations of armed conflict, Stressing the particular impact that armed conflict has on women and children, including as refugees and internally displaced persons, as well as on other civilians who may have specific vulnerabilities, including persons with disabilities and older persons, and stressing the protection and assistance needs of all affected civilian populations, Noting the adoption on 23 October 2009 of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, Noting with grave concern the severity and prevalence of constraints on humanitarian access, as well as the frequency and gravity of attacks against humanitarian personnel and objects and the significant implications of such attacks for humanitarian operations, Recognizing the need for States in or emerging from armed conflict to restore or build accountable security institutions and independent national judicial systems, Recalling the inclusion of war crimes, crimes against humanity and genocide in the statutes of the ad hoc international criminal tribunals and the Rome Statute of the International Criminal Court, and emphasizing in this regard the principle of complementarity, Recognizing the importance of reparations programmes in response to serious violations of international humanitarian law and gross human rights violations,